SMT. G. VASANTHAKUMARI, PRESIDENT.

      This I.A. has been put in by the opp.parties praying to dismiss the complaint as not maintainable  relying on the decision rendered by Hon’ble Supreme Court in the case of GeneralManager, Telecom V/s M. Krishnan and another [2009 [8] SCC 481]

Complainant filed objection and relied on AIR 2012 Delhi 94 .

          Heard both sides.

          The only point that arises for consideration is:-

          Whether the complaint  is maintainable before this Forum?

    In this case the  learned counsel appearing for the opp.parties has relied on the decision of the Hon’ble Supreme Court reported in 2009 [8] SCC 481.  On a perusal of the decision we can see that the Hon’ble Supreme Court has taken a view that any dispute between the subscriber and the Telegraph Authority can be resolved by taking  recourse  to arbitration proceedings only.   The Hon’ble National Commission has also followed the same view in  Prakash Varma V/s. Idea Cellular Limited. Kerala State Consumer Disputes Redressal Commission in First Appeal No.A/11/508 has also taken the same view.  It is found that the Hon’ble Supreme

Court has taken a view that the disputes between a subscriber and the Service providers with regard to telegraph connections cannot be adjudicated by the Forums constituted under the Consumer Protection Act.  In AIR 2012 Delhi 94, 2009 [8] SCC 481 not seen referred. Decision rendered by the Apex Court is to be followed.   So in this case also we are taking the view of the  Apex Court and  we have no hesitation to safely conclude that this complaint is not maintainable  before this Forum.  However, we grant liberty to the complainant to pursue the matter  under the  said Telegraph Act before the appropriate Forum.

          Dated this the 31^st day of July, 2012.

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